Question: My boyfriend and I have a child together. He is not part of our life and is actually denying paternity. I would like to claim maintenance. How would I go about to do this? Claiming Child Maintenance from Unmarried, Recalcitrant Father. The procedures to be followed in instituting a complaint for child maintenance are regulated by the Maintenance Act …
Divorce options – choose wisely by Nicki Macartney (Family attorney and mediator)
Getting divorced is probably one of the most difficult experiences a person could go through, on the grief scale the experience is right up there with the death of a loved one. Having said that, you do have some control over the situation, control being the choice as to which way you are going to end your marriage. There are …
Guardianship, care (custody) and contact by Noa Kinstler (attorney)
Guardianship In terms of the Children’s Act of 2005 guardianship is defined is in the narrower sense being the parents’ control and administration of the child estate and capacity to assist or represent the child in legal proceedings. Section 18(3) of the Children’s Act 2005 defines guardianship as follows: “(a) administer and safeguard the child’s property and property interests; (b) …
What if my husband controls the money and I am unable to afford expensive litigation by Noa Kinstler (attorney)
Divorce litigation can become fairly expensive, especially if the value of the parties’ estates need to be determined and disputes arise in terms of the division of the assets. The parties are obliged to produce substantial amount of evidence including expert evidence in order to enable the Court to properly adjudicate on the issues. This leads to many legal hours …
Parental Alienation by Nicki Macartney, attorney and mediator
What children want and need while their parents are going through a divorce is to maintain healthy and strong relationships with BOTH of their parents. They need to be shielded from their parents’ conflicts. Some parents, however, create an expectation that children choose sides and this expectation is commonly referred to a parental alienation syndrome. Parental Alienation can be defined …
The Maintenance act – what can you do if he doesn’t pay by Noa Kinstler (attorney)
The Maintenance Act 99 of 1998 restated the common law duty of parents to support their children. What orders can the maintenance court make? Where there is no maintenance order in force: Order the person who has been proved liable to maintain someone to pay money towards that person’s maintenance; Stipulate the manner, duration and times of payment; …
Because divorce does not have to equal war by Nicolette Macartney (attorney and mediator)
That terrible “D” word ….the first thing that comes to mind when you hear the word “divorce” is probably spouses at war, each trying to emerge victorious, nothing and no one is spared, not even their poor children who more often than not become perfect little pawns in the battle to be right. Or, on the other hand we visualise …
Definitions of abuse by Noa Kinstler (attorney)
Economic abuse includes– a) the unreasonable deprivation of economic or financial resources to which a complainant is entitled under law or which the complainant requires out of necessity, including household necessities for the complainant, and mortgage bond repayments or payment of rent in respect of the shared residence; or b) the unreasonable disposal of household effects or other property in which the …
The Domestic Violence Act by Noa Kinstler (attorney)
In terms of the preamble to the Domestic Violence Act, it was enacted due to the State recognising that that domestic violence is a serious social evil and that there is a high incidence of domestic violence within South African society. The legislators recognised that victims of domestic violence are among the most vulnerable members of society. The Act deals …
Pro bono (free) legal assistance by attorneys by Noa Kinstler (attorney)
It is always advisable to consult an attorney before making life changing decisions such as the financial and social consequences of your divorce. Attorneys can be expensive however they are crucial in the negotiation and settlement process to make sure you do not give up your rights. However if you cannot afford the services of an attorney there are various …
